Andrew Mishlove's Answers

My husband is a WI resident who got a 2nd DUI in Illinois, what do I need to know?

The answer to this is a little complicated. First, there will be two revocations, the Illinois revocation will be for an indefinite period of time. The Wisconsin revocation will be for one year. Wisconsin will also order an assessment and a breath alcohol ignition interlock device. Here's the catch: Wisconsin may not allow reinstatement, even after the one year revocation period, if there is still a revocation in Illinois. In other words, it is necessary to clear both revocations. Multi-...

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A policeman gave me a dui, but droped me off at home. Is there a way to get out of this?

There is no clear-cut answer to your question. It raises issues of the basis for the stop and arrest, as well as the method used to draw, store, transport and test your blood. Obviously, the timing of the blood draw is an issue. As you are facing a minimum jail sentence and as much as a year maximum, you need a capable lawyer to defend you. The judges in Waukesha County take this very seriously and so should you. I know that this does not answer your question; but these things often cannot...

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How can I get a public defender when Miranda was read to me, but 1st offense DUI in Wisconsin?

Ignore answers from out-of-state attorneys. Wisconsin is the only state in which a first offense drunk driving charge is a non-criminal traffic violation. So, if the ticket was issued by a New Berlin officer it would be in the New Berlin court, preside dover by Judge Dorlack. Mr. Schmitzer is the prosecutor. There are two answers to the Miranda question. Miranda does not apply unless you are already in custody and being questioned. It does not apply to field tests and breath tests. After...

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What is the start date for a WI 1st off OWI license suspension, when there is no adm. suspension but I still end up convicted?

If there is no other suspension credit applied, your revocation period begins on the date of conviction.

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Is it common for WI OWI Adm. Suspension Hearings to not occur because the case file is not timely submitted by arresting agency?

The short answer to your question is, yes. If the police fail to submit the arrest report to DOT, the administrative suspension action will be dismissed. We always use the open record law to request reports, and prosecutors also generally turn them over without difficulty. If you are serious about defending your case, you should consult a qualified attorney.

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OWI blood test margin of error defense in WI to reduce BAC and avoid IID? Can lower BAC be stipulated to in return for plea?

Hello, The State Laboratory of Hygiene will admit to a margin of error of .005 g/ml. So, your .151 g/ml reading is, arguably, under the limit for the mandatory IID (which is .150 g/ml). I would certainly explore a stipulation to a lower BAC to avoid the IID. I suggest hiring a qualified attorney. My best regards, Andrew Mishlove

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What if i ask for an attorney during the process of an owi questioning and the officer denies my request?

This is an area of law where drunk driving investigation differs dramatically from other criminal investigations. This is because most courts have held that field sobriety testing and chemical testing are not "questioning" within the meaning of the right to remain silent; nor are these stages of investigation where the right to an attorney attaches. These rules, however, are very complicated. For example, if you have been arrested and the officer starts to question you, rather than just...

Just got 1st OWI citation in WI-Milwaukee County-No priors. Have AZ license, will it affect AZ license?

The first answer is mistaken. The second answer is more helpful. Here is your situation. You are facing two separate civil charges: drunk driving and refusal. Wisconsin is the only state in which a drunk driving first offense charge is a civil traffic ticket, rather than a criminal offense. If you refused to give a breath sample at the station, you are also charged with refusal; and the refusal charge requires you to demand a hearing within ten days or you will automatically be found...

How does my ex-husband get his license back after 3 DUIs in multiple states?

The answer to this is relatively simple; but the process may be difficult. He needs to comply with all of the requirements for license reinstatement in both states. That is, the full revocation periods must be served, all fines paid (including fines for any other tickets), insurance procured, assessments completed or repeated, treatment programs finished, reinstatements fees paid, etc. In Wisconsin, the DMV will tell him exactly what he needs to do. I expect that something similar...

Consequences of out of state test refusal in WI?

In addition to the above, you may also be ordered to install an ignition interlock device on any car that you own or drive. Andrew Mishlove